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Consumer Protection
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March 31, 2025
Insurer Beats Energy Cos.' Settlement Coverage Suit, For Now
A Texas federal court tossed a lawsuit from a group of energy companies accusing Berkley National Insurance Co. of favoring the settlement of one underlying wrongful death lawsuit over another unrelated injury lawsuit, finding the companies' complaint fails to allege they've incurred damages exceeding their policy limits.
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March 31, 2025
US DOT Taps Quinn Emanuel To Probe FAA Diversity Hiring
The U.S. Department of Transportation said Monday that it has hired Quinn Emanuel Urquhart & Sullivan LLP to investigate claims that the Federal Aviation Administration is continuing to prioritize diversity, equity and inclusion when hiring air traffic controllers in defiance of the Trump administration's sweeping anti-DEI policy.
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March 31, 2025
Primerica Can't Force Arbitration In $1.4M Theft Suit
Primerica cannot force two women who claim they were the victims of theft totaling $1.4 million to go to arbitration because they did not affirmatively sign an account agreement, a New Jersey appellate panel ruled Monday.
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March 31, 2025
Doc Loses Redo On Claims Hospital Lies Fueled Murder Case
A Michigan federal judge has dismissed a former Ohio physician's second attempt at suing the parent company of his ex-employer on allegations it fed prosecutors lies about his opioid prescribing practices that led to him being charged with 25 counts of murder, saying the lawsuit didn't fix the gaps left in the first case.
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March 31, 2025
Ford Escapes Calif. Driver's Cooling Pump Warranty Claims
A California federal judge said Ford can evade a proposed class action alleging it violated state law by keeping its cooling system pump out of California's emission control system warranty, saying a state regulator agreed the pump is not an emissions-related part.
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March 31, 2025
Agencies Shouldn't Hear PFAS Class Claims, Conn. Court Told
A Connecticut state judge should not dismiss most of a putative class action alleging that Aquarion Water Co. knowingly sold water contaminated with "forever chemicals" because the Eversource Energy unit is wrong that the claims should go before state regulators first, according to the plaintiffs.
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March 31, 2025
Wireless Cos. Warn Of Economic Losses In Call For Spectrum
The wireless industry is ramping up calls for Capitol Hill to allow more midband licensed spectrum, pointing to a new report showing that failure to clear more airwaves could cost the U.S. more than $1.4 trillion in economic growth over a decade.
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March 31, 2025
Low-Power TV Stations Seek Looser Rules For 5G Broadcast
Low-power TV broadcasters have asked the Federal Communications Commission to let them voluntarily transmit 5G broadcast signals and, in turn, ease requirements to carry programming channels.
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March 31, 2025
5th Circ. Judge Criticizes Texas AG's Use Of Document Law
A Fifth Circuit judge on Monday accused the Texas Attorney General's Office of trying to unfairly "play with litigants" under a statute that allows the office to examine business records.
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March 31, 2025
BankFinancial Sued Over Allegedly Improper Overdraft Fees
BankFinancial was hit with a proposed class action in Illinois state court alleging the bank improperly assesses and collects overdraft fees on debit card transactions authorized on sufficient funds and assesses multiple fees on a single transaction.
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March 31, 2025
Trader Joe's Scores Win In Chocolate Heavy Metals Case
Consumers alleging dark chocolate sold by Trader Joe's contains unsafe levels of lead and cadmium cannot pursue some of their state law claims because information about the presence of heavy metals in chocolate has been reasonably available to consumers for decades, a California federal judge ruled.
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March 31, 2025
FTC Chair Flags Data Risks In 23andMe Bankruptcy
The Federal Trade Commission has added to the swell of privacy and security concerns surrounding the potential sale of sensitive consumer information swept up in the 23andMe bankruptcy, with the agency's Republican chair on Monday stressing the importance of data continuing to be protected in the way that users have been promised.
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March 31, 2025
Trucking Co. Says Insurers Owe Coverage For BIPA Suit
A trucking company's insurers owe coverage for underlying litigation brought by a former employee who said the company violated his biometric privacy rights by using a hand-scanning timekeeping system that stored his protected personal data, the company told an Illinois federal court.
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March 31, 2025
SEC Closed Inquiry Into Hawk Meme Coin, Promoter Says
The U.S. Securities and Exchange Commission has closed an investigation into the celebrity promoter of the viral "Hawk Tuah" meme coin Haliey Welch, Welch's attorney told Law360 on Monday.
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March 31, 2025
Kalshi Sues Nevada, New Jersey Gaming Regulators
KalshiEx LLC has sued Nevada and New Jersey agencies for attempting to preempt federal regulations with their demands that the trading platform remove event contracts that allow users to trade on the outcomes of sporting events.
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March 31, 2025
Feds' Race Bias Suit Should Target Appraiser, Rocket Says
Rocket Mortgage LLC has urged a Colorado federal court to dismiss the federal government's race discrimination suit against the mortgage lender, an appraisal management company and an appraiser, arguing it is not responsible for what the appraiser purportedly did.
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March 31, 2025
Mich. Judge Trims Chevy Volt Battery Defect Class Action
A Michigan federal judge has said drivers who allege General Motors sold defective hybrids that sometimes turn off while driving do not have the standing to bring claims on behalf of states in which they do not live or haven't been injured, while noting the district is divided on when to make such a decision.
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March 31, 2025
Insurer Must Cover $2.4M Water Damage, Condo Owners Say
A Washington condo association has filed a federal consumer protection complaint against Country Casualty Insurance Co., alleging $2.4 million in unpaid claims for hidden water damage to exterior sheathing and framing the condo association says is covered by its property insurance policy.
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March 31, 2025
Colo. Firm Says Former Atty Uses Google Ads To Steal Clients
A prominent Colorado personal injury law firm has sued a former employee for trademark infringement, accusing the lawyer of purchasing Google ads so prospective clients searching for the Franklin D. Azar & Associates firm are directed to a phone number and website for his lesser-known law firm instead.
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March 31, 2025
Regulators Seek Pause On 5th Circ. Fight Over CRA Rules
Federal regulators have asked the Fifth Circuit to halt further proceedings in a banking industry challenge to their Biden-era Community Reinvestment Act rules, citing their recently announced plans to go back to the drawing board with them.
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March 31, 2025
Ex-SEC Chair's Enforcement Counsel Joins Kostelanetz
The former enforcement officer to the recently departed U.S. Securities and Exchange Commission Chair Gary Gensler has joined Kostelanetz LLP in New York as partner, the firm announced Monday.
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March 31, 2025
Ex-Sen. Sinema Joins Hogan Lovells' Regulatory Group
Former U.S. Sen. Kyrsten Sinema of Arizona, who made headlines by changing her party affiliation from Democrat to independent in 2022, will join Hogan Lovells in Washington, D.C., as a senior adviser in its global regulatory and intellectual property practice groups, the firm announced Monday.
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March 31, 2025
DOJ Seeking Steep Costs To Make Challengers Think Twice
The U.S. Department of Justice is quickly implementing President Donald Trump's plan to seek huge sums of money from litigants whose cases impede his agenda but ultimately prove unsuccessful, court records show.
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March 31, 2025
'Let's Go Brandon' Coin Buyers Class Partially Certified
A Florida federal judge partially certified a class of purchasers of meme-inspired cryptocurrency LGBCoin in a suit alleging the price of the tokens cratered after its much-hyped plan to sponsor the coin's eponymous NASCAR driver fell apart.
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March 31, 2025
Ex-CardReady CEO Gets 7 Years For Aiding In $19M Scam
A Manhattan federal judge hit a former credit card processing executive from California with a seven-year prison sentence Monday for scheming to saddle thousands of victims with payments that supported a $19 million Florida-based telemarketing fraud.
Expert Analysis
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Considering The Future Of AI Regulation On Health Sector
As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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How Banks Can Prepare For NYDFS Overdraft Overhaul
The New York State Department of Financial Services' recent proposal to amend overdraft rules for financial institutions underscores states' potential to create consumer protection mechanisms in the absence of meaningful federal action, say attorneys at Steptoe.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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Texas Fraud Case Shows Dangers Of Faulty Crypto Reporting
The recent sentencing of a man who failed to properly report capital gains from bitcoin sales is a reminder that special attention must be given to the IRS' reporting requirements in order to stay out of the government's crosshairs, says Saverio Romeo at Fox Rothschild.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Justices' TikTok Ruling May Pose Threat To Online Expression
The U.S. Supreme Court's recent landmark ruling upholding a federal law mandating TikTok's forced divestiture in the name of data security may embolden digital censorship agendas worldwide, says IP lawyer Bahram Jafari.
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Assessing PE Risk After Mass. False Claims Act Amendments
A law recently passed in Massachusetts amends the commonwealth's False Claims Act by dramatically expanding potential liability for private equity firms and investors, underscoring the importance of robust diligence and risk assessments for private equity firms conducting transactions in the commonwealth, say attorneys at Gibson Dunn.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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The Current And Future State Of Bank-Fintech Partnerships
Though the Consumer Financial Protection Bureau under President Donald Trump seems likely to cultivate an environment friendlier to the financial services industry, bank-fintech partnerships should stay devoted to proactive compliance and be ready to adapt to regulatory shifts that may intensify scrutiny from enforcers, say attorneys at Greenberg Traurig.